RAJU GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition has been preferred under Sec. 482 Cr.P.C. by the accused to assail the order dtd. 20/7/2011 passed by the Court of Judicial Magistrate, (1st Class), No. 4, Alwar, whereby in a Final) Report submitted in negative form, the petitioner has been summoned to stand trial for offences punishable under Ss. 498-A and 406 I.P.C. It is further prayed that the order 13/7/2016 passed by the revisional Court below, whereby the order of Magistrate was affirmed, be set aside.

(2.) The learned counsel appearing for the parties are in agreement that the complainant had earlier filed a divorce petition and the same has been dismissed on merits.

(3.) Mr. Aveesh Mourya, ld. counsel appearing for the petitioner, has submitted that in the divorce petition, the plea of cruelty raised by the complainant was not accepted by the Family Court. Counsel has further submitted that the Investigating Agency, after a thorough investigation, has submitted a Final Report in negative form. Counsel has contended that the a grave error was committed by the Court below to summon the petitioner through arrest warrants.